Terms and Conditions - Flying Brick

Terms & Conditions

Introduction
1. This website can be accessed at flyingbrick.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Flying Brick (Pty) Ltd (“Flying Brick”, “we”, “us” and “our”).
2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Product, and the use of the Website.
3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
4. The Website enables you to shop online for an extensive range motorcycle accessories. (“Product”).
Important Notice
1. The Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2. The Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
  - may limit the risk or liability of Flying Brick; and/or
  - may create risk or liability for the user; and/or
  - may compel the user to indemnify Flying Brick; and/or
  - serves as an acknowledgement, by the user, of a fact.
3. Your attention is drawn to the Terms and Conditions because they are important and should be carefully noted.
4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Flying Brick to explain it to you before you accept the Terms and Conditions or continue using the Website.
5. Nothing in the Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Flying Brick in terms of the CPA.
6. Flying Brick permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Returns
1. Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference.
Registration and use of the website
1. Only registered users may order Product on the Website.
2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Flying Brick. You will need to use your unique username and password to access the Website in order to purchase Product.
3. You agree and warrant that your username and password shall:
  1. be used for personal use only; and
  2. not be disclosed by you to any third party.
4. For security purposes you agree to enter the correct username and password whenever ordering Product, failing which you will be denied access.
5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
6. You agree to notify Flying Brick immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Flying Brick representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Flying Brick representative.
Conclusion of sales and availability of stock
1. Registered users may place orders for Product, which Flying Brick may accept or reject. Whether or not Flying Brick accepts an order depends on the availability of Product, correctness of the information relating to the Product (including without limitation the price) and receipt of payment or payment authorisation by Flying Brick for the Product.
2. Orders may take up to 24hours to be processed, excluding weekends and South African Public holidays. For time sensitive deliveries it is recommended that you contact us via telephone or E-mail and stay in touch with us. Facebook messages are not considered as orders or quotes, but should be put in the system by sending an e-mail to support@flyingbrick.co.za or by completing the contact form on our website flyingbrick.co.za.
  NOTE: Flying Brick will indicate the acceptance of your order by delivering the Product to you or allowing you to collect it, and only at that point will an agreement of sale between you and Flying Brick come into effect (the “Sale”). This is regardless of any communication from Flying Brick stating that your order or payment has been confirmed. Flying Brick will indicate the rejection of your order (by Flying Brick itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
3. Prior to delivery or your collection of the Product, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Product, you may return the Product only in accordance with the Returns Policy.
4. Placing Product in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Product, and as such, Product may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Flying Brick liable if such Product are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
5. You acknowledge that stock of all Product on offer is limited and that pricing may change at any time without notice to you. In the case of Product for sale by Flying Brick, Flying Brick will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Product are no longer available after you have placed an order, Flying Brick will notify you and you will be entitled to a refund of any amount already paid by you for such Product.
Delivery of Product
1. Flying Brick offers 2 (two) methods of delivery of Product to you. You may elect delivery via:
  - courier; or
  - self-collection.
2. Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable and most accurate delivery charges in your cart when you check out.
3. Where it accepts your order, Flying Brick will deliver the Product to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Product during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect to cancel or to proceed with your order for the Product. If you elect to cancel your order, we will reimburse you for the purchase price.
4. Flying Brick’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Flying Brick is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
5. As conditions of this sale, you agree to pay all “shipping penalties” for incorrect or incomplete addresses entered”. If shipping penalties are charged, complete documentation will be provided upon request. Please be sure to supply a complete and correct delivery address, including unit number and telephone or mobile numbers.
Accuracy
1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Product on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any inaccuracies.
2. Flying Brick shall not be bound by any incorrect information regarding our Product displayed on any third party websites.
Gift Vouchers & Coupons
Flying Brick may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional discount codes available for use on the Website towards the purchase of Flying Brick Product. Gift Vouchers can only be redeemed while they are valid and their expiry dates cannot be extended.
1. Gift Vouchers
  1. Gift Vouchers that are purchased by registered users are valid for one year after purchase. Gift Vouchers that Flying Brick gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
  2. Gift Vouchers cannot be used to buy other Gift Vouchers. They do not accrue interest and are not refundable for cash once purchased. If your Gift Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
  3. Flying Brick is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
Sale Items and other discounted Product
1. From time to time, we may offer certain Product at discounted prices. These will be subject to certain conditions, which define the scope of the Sales Deal. If you buy a product within the scope of a Sales Deal, you will pay the discounted price for that product (the “Sale Price”).
2. However, if you buy a product in a manner that falls outside of the scope of a Sales Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Sales Deal.
3. For example: if you buy more than one product in a Sales Deal, you will pay the Sale Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the Sales Deal.
Payment Terms and Conditions.
Please refer to our Payment Terms and Conditions for South Africa – PayFast; for more information about on-line transactions. The Payment Terms and Conditions – PayFast is incorporated by reference.
Privacy policy
1. We respect your privacy and will take reasonable measures to protect it.
2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
  - your name and surname;
  - your contact details i.e. email address; physical address; your mobile number
  - motorbike and year model that pertains to the Product required.
You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
1. Flying Brick will not, without your express consent:
  1. use your personal information for any purpose other than as set out below:
    - in relation to the ordering, sale and delivery of Product;
    - to contact you regarding current or new Product or services or any other Product offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
    - to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
    - to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
  2. disclose your personal information to any third party other than as set out below:
    - to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Product or when delivering Product to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
    - to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
    - to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
    - to our suppliers in order for them to liaise directly with you regarding any faulty Product you have purchased which requires their involvement; and
    - to any Third Party Seller for purposes of sending you an invoice for any Product purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 14 above).
2. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Flying Brick is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
3. We will ensure that all of our employees and third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
4. When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
5. We will –
  - treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
  - take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
  - provide you with access to your personal information to view and/or update personal details;
  - promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
  - provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
  - upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
6. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
7. Flying Brick undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.
8. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
9. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Flying Brick, FLYING BRICK SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
10. This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause.
Changes to these Terms and Conditions
1. Flying Brick may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Electronic communications
1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 11 above.
Ownership and copyright
1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Flying Brick, its advertisers and/or sponsors and/or is licensed to Flying Brick.
2. You will not acquire any right, title or interest in or to the Website or the Website Content.
3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us.
4. Where any of the Website Content has been licensed to Flying Brick or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
Disclaimer
1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
2. Whilst Flying Brick takes reasonable measures to ensure that the content of the Website is accurate and complete, Flying Brick makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Flying Brick’s representatives, Flying Brick shall not be bound thereby.
3. Flying Brick disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
4. Although Product sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
5. Any views or statements made or expressed on the Website are not necessarily the views of Flying Brick, its directors, employees and/or agents.
6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Flying Brick also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Flying Brick, its employees, agents or authorised representatives. Flying Brick thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Third party websites
1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Flying Brick is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
Limitation of liability
1. Flying Brick cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Flying Brick, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
2. You hereby indemnify Flying Brick against any loss, claim, damage or harm which may be suffered by yourself or any third party arising in any way from your use of this website and/or product purchased through the website and/or any linked third party website.
Availability and termination
1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
2. Flying Brick may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Flying Brick will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Product, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
4. Flying Brick is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Flying Brick to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Flying Brick, in whole or in part, on notice to you. Flying Brick shall only be liable to refund monies already paid by you (see Flying Brick’s Returns Policy in this regard) and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
5. At any time, you can choose to stop using the Website, with or without notice to Flying Brick.
Governing law and jurisdiction
1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
2. In the event of any dispute arising between you and Flying Brick, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
3. Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Notices
1. Flying Brick hereby selects, 8 Shropshire Street, Paarden Eiland, Cape Town, 7405 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Flying Brick may change this address from time to time by updating these Terms and Conditions.
2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Flying Brick not less than 7 days’ notice in writing.
3. Notices must be sent either by hand, courier, prepaid registered post or email and must be in English. All notices sent –
  1. by hand will be deemed to have been received on the date of delivery;
  2. by courier will be deemed to have been received within 3 days after collection by courier company
  3. by prepaid registered post, will be deemed to have been received 20 days after the date of posting;
  4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.
Information
1. For the purposes of the ECT Act, Flying Brick’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
  - Full name: Flying Brick (Pty) Ltd, a private company registered in South Africa with registration number 2013/088314/07
  - Main business: Retailer Motorcycle Accessories
  - Physical address for receipt of legal service: Street Address – Flying Brick Motorcycle Accessories, 8 Shropshire Street, Paarden Eiland, 7405, Cape Town, Western Cape, South Africa. Postal Address: Flying Brick Motorcycle Accessories, P.O. Box 130, Paarden Eiland, 7420, Cape Town, Western Cape, South Africa
  - Director: Christopher David Grinton
  - Phone number: +27 21 5106455
  - Email address: support@flyingbrick.co.za
General
1. Flying Brick may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
  1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
  2. Any failure on the part of you or Flying Brick to enforce any right in terms hereof shall not constitute a waiver of that right.
  3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
  4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
  5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
  6. These Terms and Conditions contain the whole agreement between you and Flying Brick and no other warranty or undertaking is valid, unless contained in this document between the parties.

Payment Terms and Conditions for South Africa

This Policy forms part of the Flying Brick Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way. The policy applies to product bought from Flying Brick.
Privacy Policy

Your privacy is us. Our privacy policy covers how we collect, use, transfer and store your information.
INTRODUCTION
1. PayFast recognises the importance of protecting the personal information that you (“the User”) provide to us. Therefore, we have put together, and endevour to follow this policy that respects and addresses that.
INFORMATION COLLECTION
1. PayFast collects information from the User at several different points on the Site. PayFast is the sole owner of the information collected on PayFast‘s web site (“the Site”). We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.
2. Consent to collect information can be express (eg. signing an agreement) or implied (eg. if the User is given an opportunity to opt-out of a specific form of information sharing, but chooses not to do so, PayFast implies that the User chooses to share this information with us).
3. PayFast processes personal information on web hosting servers which may not be in your present country.
INFORMATION WE COLLECT
In the course of service provision to the User we may collect certain forms of information. The types of information that we may collect are detailed below:
- Information you provide – When you register for an account on PayFast by completing the appropriate form, we ask you for personal information (such as your name, email address and phone number). We may combine the information you submit under your account with information from other services or third parties in order to provide you with a better experience and to improve the quality of our service.
- Financial Information – In the course of providing a service to you, PayFast may ask for financial information (Bank account details, credit card details etc.). Such information will be treated with the upmost privacy, will be stored encrypted on our systems, will only be communicated across a secure link and will not be provided to any third parties except where necessary to provide PayFast‘s service to you.
- Cookies – When you visit PayFast, we may send one or more cookies – a small file containing a string of characters – to your computer that uniquely identifies your browser. We use cookies to improve the quality of our service by storing user preferences or storing session information. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, this is not advised as some features (and indeed our service itself) may not function correctly if your cookies are disabled.
- Log information – When you use PayFast, our server automatically records information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
- User communications – When you send email or other communication to PayFast, we may retain those communications in order to process your enquiries, respond to your requests and improve our services.
- Links – PayFast may present links in a format that enables us to keep track of whether these links have been followed and who followed them, either on the web site or in electronic communications. We use this information to improve the quality of our service, customized content and advertising.
- Other sites – This Privacy Policy only applies to PayFast. We do not exercise control over any third party sites who we have partnered with to deliver a service to you. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you, over which PayFast has no control.
HOW THIS INFORMATION IS USED
PayFast collects user information for the purposes described below:
- Providing a service to our users, including the display of customized content and advertising
- Auditing, research and analysis in order to maintain, protect and improve our service
- Ensuring the technical functioning of our equipment and resources
Developing new services
1. While mostly this information will be used to provide a service to our users, it may also be used to provide our own services.
2. We will not collect or use sensitive information for purposes other than those described in this Privacy Policy unless we have obtained your prior consent.
COMMUNICATIONS
1. PayFast may send the User, site and service announcement updates on an irregular basis. Users are not able to unsubscribe from service announcements, which contain important information about our service.
2. On occasion PayFast will email newletters to provide the User with information that we think the User will find useful, including information about new products and services. We might also contact the User by email to see if the User is interested in participating in market research regarding PayFast. We may also contact the User by email to respond to customer-service complaints that the User has submitted, to address a problem affecting the User’s use of the service or to verify the User’s account information if the User submits a password request.
INFORMATION SHARING
1. PayFast may share aggregate demographic information with our advertisers or information collection companies, but will not reveal any personally identifiable information in these instances. These companies do not retain, share, store or use personally identifiable information for any secondary purposes. We may also partner with third parties to provide specific services. When the User signs up for these services, we will share the information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.
2. PayFast may share a User’s contact information with other registered Users for the purposes of resolving support queries relating to PayFast or the service provided to a User by another User. This contact information includes, but is not limited to, name, surname, email address and phone number. Typically, this would be providing a buyer’s contact details to a seller or vice versa, where PayFast has the necessary information to assist, but cannot actually resolve a support query.
3. We will not voluntarily disclose any information about individual users, except as described in this Privacy Policy, or to comply with applicable laws or valid legal process, or to protect the rights or property of PayFast or others, to assist our email vendor with resolving complaints about unsolicited email, or as otherwise described in this Privacy Policy.
DATA INTEGRITY
PayFast processes personal information only for the purposes for which it was collected and in accordance with this Privacy Policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary and possible.
INFORMATION SECURITY
1. We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. The servers that we store personally identifiable information on are kept in a secure environment
2. We restrict access to personal information to PayFast employees who need to know that information in order to operate, develop or improve our services.
ACQUISITION OR MERGER
It is possible that PayFast and/or any of our assets may be acquired in an acquisition or a merger. In such a transaction, customer information may be transferred to the acquiring entity. While we will endeavour to require the successor company to maintain this Privacy Policy, we cannot guarantee that this policy will remain in effect after such a corporate action.
NOTIFICATION OF CHANGES
1. This policy may be revised over time as new features are added to the Web site and/or as changes are required due to changing circustances. We will post our new Privacy Policy, along with the date of its last revision, prominently so that the User will always know what information we gather, how we might use that information, and whether we will disclose it to anyone.
2. PayFast is, however, under no obligation to inform the User of such changes when they happen, although it is assumed that any changes will be minor and will not fundamentally impact the User. Should the change be deemed by PayFast to be significant, we will endevour to inform the User of these changes through whatever means we deem necessary (banner on home page, email notification etc.) in a timely manner.
CONTACT INFORMATION
If the User has any questions about this Privacy Statement or about PayFast‘s information collection practices, please contact us at info@payfast.co.za
TERMS
1. The terms “The User” and “User” are used interchangeably and refer to all individuals and/or entities accessing this web site for any reason whatsoever.
2. The terms “we” and “PayFast” are used interchangeably and refer to PayFast itself and all individuals and/or entities acting directly on behalf of PayFast.

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